what kind of lawyer do i need to defend a car accident case new york

If you’ve been in a car crash and sustained an injury, it’s important to work with a lawyer who has experience with cases similar to yours. This means hiring a personal injury lawyer who specializes in car accident cases. Hiring a general lawyer – or jack of all trades – is generally not a good idea.

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Do I need a lawyer for a car accident?

 · If you believe you have been victimized in a car accident, our firm would like to hear from you. Our New York City car accident lawyers have helped many motorists get the money they need when someone else’s negligence causes a crash. For help with your case, please call 212-285-3300 or fill out our contact form.

What are legal defenses to a car accident injury case?

 · This means hiring a personal injury lawyer who specializes in car accident cases. Hiring a general lawyer – or jack of all trades – is generally not a good idea. You need someone with experience and extensive knowledge of laws related to personal injury and traffic laws. An auto accident attorney will know exactly what to do to either defend your case or get you the …

What is the defendant friendly rule in a car accident case?

 · A New York Motor Vehicle Accident Lawyer can Ensure That Your Claim is Filed Appropriately and That You Remain Eligible for Compensation New York has a no-fault auto insurance system . What this means is that, when you are injured in a car accident, you will begin the process of obtaining compensation by filing a claim with your own insurance company.

Why hire a California car accident lawyer?

The most common legal defense to a car accident injury case relates to the statute of limitations lawsuit-filing deadline. Factual defenses depend on the specifics of the underlying accident, and can include contributory or comparative negligence, and failure to mitigate damages. Legal or procedural defenses can prohibit a claim based on an ...

When should you get a lawyer for a car accident in New York?

If you're suing the state of New York, you only have two years to file a claim. If you are suing a municipality or government agency, the statute of limitations could be one year or less. This is why it is important to speak to an experienced auto accident attorney as soon as possible after your accident.

Should I get a lawyer for a car accident that was my fault?

Hiring a motor vehicle accident lawyer after a car accident that was your fault is a good first step, before speaking to the insurance companies. Lawyers know how to deal with insurance companies and can help mitigate any claims that are made against you by the other parties involved in the accident.

What's the standard percentage lawyers take after car accident lawsuit NY?

Here in New York the accident lawyer's fee is almost always one-third (1/3) of the sum recovered or 33.33%.

What to do if someone sues you for a car accident in New York?

Try to remain calm until you talk with your car accident attorney and your insurance company. If you are served with a lawsuit for your car accident, notify your insurance company immediately. Your liability car insurance coverage may cover the car accident claim.

Is New York a no-fault state?

Because of New York's No-Fault law, lawsuits due to auto accidents can be brought only for economic losses that exceed No-Fault benefits and for non-economic damages (such as pain and suffering) only if a "serious injury" (as defined in the Insurance Law) is sustained.

Will my insurance pay if it was my fault?

In most states, if you are at fault for an accident you (or your insurance company if you have liability coverage) will have to pay for the losses of the other driver, passengers, and anyone else harmed by the accident. Losses include things like car repairs, medical bills, lost income, and pain and suffering.

How long does a car accident lawsuit take in NY?

A personal injury accident case in New York typically takes anywhere from 4 months to as much as 5 years to settle. The quickest we ever settled a personal injury case was 7 weeks, for the entire insurance policy.

How long does an insurance company have to settle a claim in New York?

Insurance companies in New York have 35 business days to settle a claim after it is filed. New York insurance companies also have specific timeframes in which they must acknowledge the claim and then decide whether or not to accept it, before paying out the final settlement.

How much do lawyers charge in NY?

between $122 and $485 per hourThe typical lawyer in New York charges between $122 and $485 per hour. Costs vary depending on the type of lawyer, so review our lawyer rates table to find out the average cost to hire an attorney in New York.

How is fault determined in a car accident in New York?

New York follows a "pure comparative fault" rule when both parties are found to share blame for an accident. In most car accident cases, the jury is asked to calculate two things based on the evidence: the total dollar amount of the plaintiff's damages, and the percentage of fault that belongs to each party.

Can someone sue you for a car accident if you have insurance NY?

Under New York's insurance laws, you cannot sue after a car accident unless you sustain a “serious injury.” Serious injury is defined under §5102(d) of the New York Insurance Code as a personal injury that results in: Death.

What is a chargeable accident in NY?

A chargeable accident means it was an at-fault accident where you caused damage to another person's property or bodily injury, whether it be a simple fender bender or a more serious accident where you total someone else's car.

What does an auto accident attorney do?

An auto accident attorney will know exactly what to do to either defend your case or get you the compensation you deserve.

What to do if you have an accident?

If the accident caused an injury, you may want to consider at least consulting with an auto accident attorney. Most attorneys offer a free consultation, so there is no harm in finding out whether you have a case and what options you have.

What to do if a lawyer has bad reviews?

If a lawyer has consistently poor reviews online, remove that firm from your list.

What to do if you have a negative experience with an attorney?

Those who had a negative experience will likely share the details of what happened and why they were displeased with the service or the outcome.

What does an attorney know about a case?

An attorney with the right level of experience will know how to build your case, how to calculate damages properly, and how to fight to get you the highest payout possible.

How to choose an attorney?

When choosing an attorney, you might consider asking friends and family for recommendations. If someone you know and trust has been in an accident and had a favorable outcome with their attorney, you may want to consider meeting with that attorney.

What is the first step in hiring an attorney?

Making the decision to hire an attorney is the first step. The second step is choosing an attorney. Finding the right attorney can be a challenge, and this is not a decision you want to take lightly.

What are the most common factual defenses to a car accident injury claim?

The most common factual defenses to a car accident injury claim involve fault (unless the accident occurred in a no-fault state ). The person being accused of causing the car accident will often seek to limit their liability for damages by showing that the claimant was actually at fault for the crash, either in whole or in part.

What are the two types of defenses in a car accident?

Common defenses generally fall into one of two categories: legal defenses and factual defenses. Legal defenses are those that prohibit a claim based on an existing law or legal rule. The most common legal defense to a car accident injury case relates to the statute of limitations lawsuit-filing deadline. Factual defenses depend on the specifics of ...

What is the duty of an injured party to mitigate damages?

Failure to Mitigate Damages. Finally, in most jurisdictions, an injured party has a duty to mitigate his or her damages. In plain English, if you are injured in a car accident, you have a legal duty not to make your injuries worse. If you do, the amount of your recovery could be reduced.

What percentage of the total damages is due in a slip and fall lawsuit?

So if you brought a lawsuit over injuries resulting from a slip and fall, and you were determined to be 20 percent at fault for the accident, the defendant would only be required to pay out 80 percent of your total damages.

How long does it take to file a lawsuit after a car accident?

There is no "standard" statute of limitations deadline, although periods of two to three years are the most common when you're filing a lawsuit after a car accident.

What is contributory negligence?

Contributory negligence can be a crippling factual defense to a personal injury case. In the handful of states that follow this rule, any party that contributed in any fashion to the incident that caused the injury is barred from getting compensation from other parties.

What is comparative negligence?

Comparative negligence is a factual defense to liability in a personal injury case. In states that have adopted some version of a comparative negligence rule, each party involved in an accident is assigned a percentage of fault based upon the facts of the case.

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What happens if you are sued for an auto collision?

When someone is sued as a result of an automobile collision, the auto insurance company for the defendant will typically step in and provide legal representation for their insured. If you were lacking auto insurance at the time of the collision and were sued personally, do not fret.

What is the liability standard for a defendant in a collision in Texas?

Furthermore, Texas has adopted a modified joint and several liability standard which holds that a defendant will only be liable for the amount of the plaintiff’s alleged damages if the defendant is deemed to be more than 50 percent at-fault for the collision.

What are the elements of a tort claim?

This requires proof of four specific elements associated with a tort claim – (i) that you owed a duty of care to the plaintiff, ( ii) you breached the duty of care, (iii) the plaintiff was harmed as a proximate result of the breach, and (iv) the plaintiff suffered bodily harm.

What is admission of liability?

Admission of Liability. A key issue that needs to be addressed early on is determining whether or not you admitted fault. An admission of fault will make defending your case more difficult since it is viewed as an admission of liability.

What is Brownsville law firm?

is here to assist. Our firm is comprised of skilled and aggressive defense attorneys who possess decades of civil defense experience.

Why are bodily injuries exaggerated?

It is quite possible that a plaintiff’s alleged bodily injuries and treatment were exaggerated in order to amplify the amount of claimed damages in their lawsuit. A common example is over-treatment. This is when someone who went in for treatment of a particular claimed injury, most often a soft tissue injury, and utilized an excessive amount of medical treatment that essentially served no real benefit for the actual treatment of the alleged injury.

What is the burden of a civil lawsuit?

It is important to understand that, with civil tort claims, the burden is on the plaintiff to prove their case and submit sufficient evidence to substantiate the claim that you were negligent.

How to avoid complications and setbacks?

To avoid these complications and setbacks, a plaintiff should make sure to comply with any procedural rules, no matter how trivial they seem. If they are unsure about whether a certain rule applies, they should not hesitate to consult an attorney who is familiar with this area of law.

What is the proper claim?

To state a proper claim, a plaintiff must allege sufficient facts to support each element of their claim. For example, a plaintiff alleging general negligence must include facts in their claim related to each element of general negligence: duty, breach, causation, and damages.

Can a court allow a plaintiff to amend a complaint?

Depending on the situation, a court may or may not allow a plaintiff to amend a complaint. To avoid these complications and setbacks, a plaintiff should make sure to comply with any procedural rules, no matter how trivial they seem.

What happens if a plaintiff does not comply with the deadline?

If a plaintiff does not comply with this deadline, the case almost certainly will be dismissed. A defendant or insurer also may argue that a complaint fails to state a claim or lacks some technical element that is required. Depending on the situation, a court may or may not allow a plaintiff to amend a complaint.

What is procedural defense?

Procedural Defenses. If a comparative or contributory negligence argument does not apply, a defendant or their insurer may try to get a case dismissed on procedural grounds. These are separate from the actual merits of the case.

What states have contributory negligence?

This is a very defendant-friendly rule that applies in only four states (Maryland, Virginia, North Carolina, and Alabama) and the District of Columbia. Under this rule, a car accident plaintiff cannot recover any damages at all if they bore any share of the fault for an accident. Thus, even if the defendant was 95% at fault, and the plaintiff was 5% at fault, the plaintiff gets nothing. Since establishing contributory negligence is a complete shield against liability, defendants and insurers in these states try to raise this argument whenever possible. If you are bringing a car accident claim in a contributory negligence state, and fault is not entirely obvious, you should probably consult an attorney who is experienced in handling this issue.

What percentage of fault is used in comparative negligence?

If the plaintiff’s fault is found to be at or above that percentage, they cannot receive any damages. This percentage is usually around 50% or 51%. The idea is that a defendant should not need to pay money to someone who was just as much at fault or more at fault for the accident than they were.

Why is it important to understand that your insurance company may be your best friend when defending against a personal injury lawsuit

In most instances, they actually provide the legal counsel for their clients because it is in the best interest of both the client and the company to look at all avenues of defense.

What is an insurance adjuster?

Insurance claims adjusters and claim defense attorneys deal with personal injury claims regularly and understand all components of a negotiation, including taking a case to a full jury trial in hopes of an acquittal by a jury that think s the claims of the plaintiff are excessive and often erroneous. Even valid personal injury claims can result in ...

What is the statute of limitations for personal injury?

All states have a statute of limitations law that is assessed for each particular personal injury lawsuit. This can be an effective defense in cases that are filed at the end of the limitations time period, even when the injury was recognized at a significantly earlier time. Why the plaintiff waited until the end of the limitations time period can be an issue as well because it could indicate that the injury is not as serious as claimed. This could result in a dismissal based on being a frivolous claim.

What is comparative negligence?

Some states use pure comparative negligence that allows any injured party in an accident injury to receive some amount of financial compensation unless they are totally at fault for the injury, such as an intentional act or they were convicted of drunk driving. Most states use modified comparative negligence law that states plaintiffs are barred from any financial recovery if their comparative negligence percentage is greater than the respondent. The bar level is usually either 50% or 51% to deny a claim. In pure contributory negligence states, any contribution to the causation of the injury will be an effective defensive strategy. In premises liability cases, the focus is on individual reasonable assumption of risk based on the actions of the plaintiff. An example of this defense would be trespassers who are injured and normally lose their claims based on no authority to occupy the property. This means that technicalities can matter greatly, depending on the state of occurrence, and the particulars of the claim are all potential reasons for a case dismissal, or at least a reduced financial liability.

Is premise liability a defense?

This is a more common defense in premise liability personal injury claims, as automobile accidents are often better supported by documentation such as police reports and ambulance records . Premises liability cases filed against a business operator may be misdirected when a property owner is the one who is actually liable.

Is a personal injury lawsuit a valid claim?

Personal injury lawsuits are often valid and difficult to defend when the plaintiff legal counsel can establish the case with supporting documentation and identify the appropriate respondents who may have been negligent with respect to a reasonable duty of care owed to the injured plaintiff.

Can an insurance company dismiss a claim based on a frivolous claim?

This could result in a dismissal based on being a frivolous claim. Insurance companies are in business to turn a profit, just as any other business, and they are always willing to investigate a claim fully. It is important to understand that your insurance company may be your best friend when defending against a personal injury lawsuit.

What can an auto lawyer do?

An automotive lawyer may also reach out to the repair shop and/or mechanic on a vehicle owner’s behalf before filing a claim. By opening communication lines, the lawyer may be able to persuade the repair shop to either fix the damage or to settle out of court, so no one has to experience the added stress of a trial.

Why are auto repair laws enacted?

Each state has its own set of auto repair laws that go by various names, but are primarily enacted for the purposes of protecting the average consumer. For instance, many states have laws that address unfair and deceptive practices in car repairs.

Can a mechanic be held liable for theft?

On the other hand, if a mechanic took all the necessary reasonable steps to ensure that the vehicle would be safe, then they cannot be held liable for theft of the vehicle or any other related losses. However, some repair shops do have insurance coverage that can help an owner to recover some of the costs.

Can a mechanic be held responsible for a stolen car?

Mechanics are legally required to take reasonable care to protect a person’s vehicle while it is in their possession. A mechanic may be held liable for a stolen vehicle, but only in certain situations. For example, if a mechanic carelessly leaves the keys to an unlocked car inside the vehicle, then the vehicle owner may hold them responsible for theft if it is stolen.

What can a car owner do for a garage?

One thing a vehicle owner can do for a car damaged by garage during service is to sue either the repair shop and/or the individual mechanic. For example, if a mechanic caused damage to a car while they were repairing it, then the owner can hold them liable for those damages. Alternatively, if the repair shop has an insurance policy, ...

What does a car owner have to prove to the mechanic?

The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.

What happens if a mechanic refuses to accept responsibility for a misdiagnosis?

However, if the mechanic or repair shop refuses to accept responsibility or claims that it is not their fault, then the vehicle owner may seek legal recourse for a misdiagnosis. The most common option of legal recourse is to sue the mechanic for negligence.